Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc. / Sunday, August 31st, 2008

If a person has wealth which is over and above his
basic necessities and which will be sufficient for him to make the onward and
return journey for hajj, then hajj becomes fard upon him. There are great
virtues in performing hajj. Rasulullah sallallahu alayhi wa sallam said: “There
is nothing in return for a hajj that is free of sins and evils except paradise.”
Similarly, great rewards have been mentioned for performing umrah.
Rasulullah sallallahu alayhi wa sallam said: “Hajj and umrah wipe out
sins just as a furnace removes the rust that has settled on

Severe warnings have been mentioned with regard to the
one who does not perform his hajj despite it being fard upon him.
Rasulullah sallallahu alayhi wa sallam said: “The person who has food, drink,
and the means of transportation in order to undertake the journey of hajj and
still does not go – Allah Ta’ala has no concern if the person dies as a Jew or a
Christian.” He has also said that the abandoning of hajj is not the way of

1. Hajj is fard at least once in a life time. If
a person performs the hajj several times, the first one will be regarded as
fard and the rest will be regarded as nafl hajj.
There is also great reward in offering nafl hajj.

2. Hajj that is offered before one can reach the age of
maturity is not considered. If a person is rich, hajj will become fard upon him
once he reaches the age of maturity. The hajj that he performed before maturity
will be regarded as nafl hajj.

3. Hajj is not fard on a blind person
irrespective of how rich he may be.

4. Once hajj becomes fard on a person, it
becomes wajib on him to go for hajj in that very year. It is not
permissible to delay in performing the hajj without a valid reason. It is also
not permissible for a person to think that he is still young and that there is
still plenty of time to perform the hajj. If a person delays in performing his
hajj and performs it after a few years, his fard duty will be fulfilled
but he will still be regarded as a sinner.

5. If a woman is going on hajj, it is necessary for her
to be accompanied by her husband or some other mahram. It is not
permissible for her to go on hajj without a mahram. However, if a woman
lives within 77 kilometres of Makkah, it is not necessary for her to go with her
husband or a mahram.

6. If the mahram has not reached the age of
maturity, or he is so irreligious that he cannot even be trusted with his
mother, sister, etc. it will not be permissible to travel with such a
mahram as well.

7. Once a woman finds a reliable mahram, her
husband cannot prevent her from going on hajj. Even if he prevents her from
going, she should not pay any heed to him and she should continue on her

8. A girl who is on the verge of reaching the age of
maturity cannot go for hajj without a shar’ee mahram. She cannot even go

9. If a mahram takes a woman for her hajj, all
his expenses will have to be borne by the woman. It is wajib upon her to
pay him for all his expenses.

10. If a woman cannot find a suitable mahram
throughout her life, she will not be sinful for not performing her hajj.
However, at the time of her death it is wajib on her to make a bequest
that hajj be performed on her behalf. After her death, her inheritors should
find someone to perform the hajj on her behalf. The expenses for this hajj
should be paid from the money that she left behind. In this way she will be
absolved of the duty of performing hajj. This type of hajj is known as

11. If hajj was fard on a person but he delayed
performing it until such a time that he became blind or became so sick that he
is unable to undertake the journey, then he will also have to make a bequest for

12. If a person dies, leaving behind so much of wealth
that after paying all his debts, there is sufficient money to pay for the
hajj-e-badal from one third of his wealth, then it is wajib on the
inheritors to fulfill his bequest for hajj-e-badal. But if the money is
so little that hajj-e-badal cannot be made from one third of his wealth,
then the person’s relatives should not undertake to have the hajj performed. The
inheritors could also take the entire one third for the purpose of
hajj-e-badal and supply the balance of the money from their own side so
that the hajj-e-badal could be made. In other words, they should not give
more than one third from the wealth of the deceased person. However, if all the
inheritors happily agree to give their share of the inheritance for the
performance of hajj-e-badal, it will be permissible to use more than one
third of the wealth of the deceased. However, the permission of immature
inheritors is not considered in the Shariah. Therefore, no money should
be taken from their share.

13. A person made a bequest for hajj-e-badal and
thereafter passed away. However, the wealth that he left behind was very little
and hajj-e-badal could not be made from the one third. In addition to
this, the inheritors refused to forego their shares in order for the
hajj-e-badal to be performed. Bearing all this in mind, if the hajj is
not performed, there will be no sin on the deceased.

14. The same rule applies to all bequests. If a person
had many fasts to keep, many salaats to make qada of or some zakaat to be
given, he therefore made a bequest for all this and passed away, then all these
payments will have to be made from the one third. It is not permissible to use
more than one third without the permission of all the

15. If a person did not make a bequest for
hajj-e-badal, it will not be permissible to do so by using the money
which he had left behind. But if all the inheritors agree to this, it will be
permissible. Insha Allah, the obligation of hajj will be fulfilled. But
it should be borne in mind that the permission of an immature inheritor is not

16. If a woman is in her iddah, she cannot go
for hajj.

17. If a person has sufficient funds for the onward and
return journey to Makkah but not sufficient enough to visit Madinah as well,
hajj will still be fard upon him. Many are of the incorrect opinion that
as long as you do not have sufficient funds to go to Madinah as well, hajj does
not become fard. This notion is absolutely wrong.

18. When a woman is in her ihraam, she cannot
cover her face in such a way that the piece of cloth touches her face. These
days, a latticed screen or fan is available for this purpose. It should be tied
to the face with the screen in line with the eyes and with the burqah
worn loosely above it. This is permissible.

19. The rules and regulations of hajj cannot be
understood and remembered without really going on hajj. On going for hajj, one
is taught all the rites of hajj, etc. We therefore do not feel it necessary to
enumerate these rules and regulations. Similarly, the method of performing
umrah can be learnt by going to Makkah.

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